Kelsey D. Bartlett v. Dr. Robert E. Weimer

HASTINGS, Circuit Judge.

Appellant was adjudged mentally ill by a probate court of the State of Ohio and ordered committed. Approximately fourteen months later, he was ordered released on his application in the probate court, having then been found “not now mentally ill.” Subsequently, the judgment originally determining him to be mentally ill and ordering his commitment was vacated on the ground that the probate court had failed to comply with notice provisions of the Ohio statute and was thus without jurisdiction to render a judgment in that proceeding.

The present suit was brought by…